Tag Archives: FMLA

Where a plaintiff, who was fired within six months of returning from a medical leave, has brought a retaliation claim against the defendant employer, the employer is not entitled to summary judgment, as a jury question exists regarding whether the stated basis for the firing — insubordination — was pretextual.

Where a defendant employer was awarded summary judgment on claims of retaliation in violation of the Family and Medical Leave Act and disability discrimination in violation of Massachusetts law (G.L.c. 151B), the employer violated neither statute by terminating the plaintiff’s employment after she had exhausted 12 weeks of medical leave.

Where a plaintiff has brought suit alleging that the defendant employer and codefendant supervisor violated the Family and Medical Leave Act by terminating her employment in retaliation for taking protected leave while she was being treated for hemorrhoids, summary judgment for the defendants on the FMLA claim is proper given that the plaintiff did not suffer a “serious health condition” as defined by the FMLA and has provided no evidence that she received “continuing treatment” under 29 C.F.R. §825.115(a)(1) or (2).

Where the plaintiff alleges that his employer and supervisors violated his rights under the Americans with Disabilities Act, the Family and Medical Leave Act and the Massachusetts anti-discrimination statute by failing to accommodate his psychological disabilities and by firing him because of his disability and his requested leave under the FMLA, summary judgment for the defendants on all counts is proper.

Where a plaintiff was terminated from her job while she was out on maternity leave authorized under the Family and Medical Leave Act, she should be permitted to proceed with a claim that the defendant employer violated the FMLA by refusing to consider her for, or allowing her to apply for, a new position.

Where defendant officials of the Massachusetts Department of Environmental Protection have moved to dismiss a plaintiff employee’s Family and Medical Leave Act complaint, the motion should be allowed to the extent that the defendants are being sued in their official capacities but denied with respect to the defendants’ individual capacities.